Posessions Of Relative

[China Doll]

Question from my mum - 'What's the legal position regarding dads (my grandfather) possessions before he dies when he takes up perminant residence in his care home. His will says divide four ways (he has four children).'

Not sure how much background you need but where my grandad lived before is actually owned by some sort of religious organisation and the property was willed to them by the owner (the then landlady who lived in flat upstairs) who is now dead; part of the will was that they could have it once my grandparents were done living there. Nan is dead and grandad now going in to a care home and has dementia so they're obviously going to have to clear his stuff.

There's been muchos argey-bargey with my mother, aunt and uncles. Primarily because one uncle was basically ripping my grandfather off when he had control of his account (which he no longer does). I don't really want to get in to all that as it's far to long and boring, but I suspect my mum will be asking because if they have to sort his possessions out then there will be a new set of problems.

Personally I'm enclined to advise that since my grandad isn't dead yet (although in no state to make any kind of important decisions), then whatever possessions he has should go four ways as per his will. Would that be correct?

Thank you.

[dzug2]

The legal position is that your grandad is entitled to dispose of his possessions anyway he chooses while he's still alive.

Seeing as he has dementia obviously he can't. If he's given a power of attorney then the attorney has similar powers, but should exercise them cautiously so that noone can object that he's not doing his job right.

Otherwise it's whatever the family can agree - an equal division is likely to cause least argument but is not really an absolute legal requirement in itself.

Best way may be to sell all the possessions and then divide the money equally

[China Doll]

Thank you dzug2. There's definitely no power of attorney, think grandad got too far along before that could be decided and what with all the bad feeling now it's highly unlikely that any course of action would be seen as 'fair'. I will pass your answer on to my mum.

[DJHawkes]

If the possessions are sold the money will belong to him until after he goes in which case that income may count towards the assessment of means to afford nursing home fees and so be careful.

[China Doll]

Aye dot, my thoughts exactly. But my mum would put the money in grandads account anyway.